Maget v. Maget
Missouri Court of Appeals
Appeal from the Buchanan Circuit Court. — Eon. W. K. James, Judge. (1) Conversations between husband and wife are not admissible in evidence. Brown v. Brown, 53 Mo. App. 453; Ayers v. Ayers, 28 Mo. App. 97; Miller v. Miller, 11 Mo. App. 118. (2) Divorce must be granted, if at all, on the facts existing at the time the suit was instituted. Dwyer v. Dwyer, 26 Mo.
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Appeal from the Buchanan Circuit Court. — Eon. W. K. James, Judge. (1) Conversations between husband and wife are not admissible in evidence. Brown v. Brown, 53 Mo. App. 453; Ayers v. Ayers, 28 Mo. App. 97; Miller v. Miller, 11 Mo. App. 118. (2) Divorce must be granted, if at all, on the facts existing at the time the suit was instituted. Dwyer v. Dwyer, 26 Mo. App. 617. (3) Defendant could only learn that sexual intercourse was .injurious to plaintiff by a communication from plaintiff to defendant. This communication is not admissible in evidence the intercourse being lawful. Holman v.…
1Opinion of the CourtSmith, P. J.
— The plaintiff claims that she is entitled to a divorce on the grounds (1), that the defendant had been *8guilty of sucli cruel treatment as to endanger her life, and (2), that he had offered her such indignities as to render her condition intolerable. Under the first of the above substantive charges it was alleged that the defendant had grossly abused his marital rights by reason of which the plaintiff’s health was greatly' impaired, etc. During the progress of the trial the plaintiff was introduced as a witness in her own behalf, and over the objections of the defendant was permitted to…
2Cases cited23 opinions
- Carpenter v. CarpenterSupreme Court of Kansas · 1883
- Lucas v. BrooksSupreme Court of the United States · 1873
- People ex rel. Barry v. MerceinNew York Court of Chancery · 1839
- McFadin v. CatronSupreme Court of Missouri · 1894
- Wheeler v. WheelerSupreme Court of Iowa · 1880
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3Cited by10 opinions
- Oliver v. OliverMissouri Court of Appeals · 1959
- Gruner v. GrunerMissouri Court of Appeals · 1914
- Libbe v. LibbeMissouri Court of Appeals · 1911
- England v. EnglandMissouri Court of Appeals · 1931
- State v. VaughanMissouri Court of Appeals · 1909
5 more not listed; retrieve them via the Exa API.